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Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-2-48

Legal Research Home > Atlanta Lawyer > Motor Vehicles and Traffic > Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-2-48

(a) To ensure that the spirit and legacy of the 1996 Paralympic Games are continued and to promote activities that financially benefit organizations in this state which support or otherwise advance the causes of athletes with disabilities, there shall be issued beginning in 1998 special license plates to promote the United States Disabled Athletes Fund.

(b) The commissioner shall prepare special distinctive license plates of a design which shall include the image of Blaze, the mascot and symbol of the 1996 Paralympic Games, as a tribute to the triumph of the human spirit. The special license plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.

(c) Beginning in calendar year 1998, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate within 30 days of application for such special license plate. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34.

(d) The commissioner shall retain all applications for such special license plates until a minimum of 500 applications has been received. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued, and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article.

(e) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Blaze image or as may otherwise be necessary or appropriate to implement this Code section. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the United States Disabled Athletes Fund allowing the United States Disabled Athletes Fund to be the beneficiary of and receive $25.00 of each such manufacturing fee, provided that the state shall bear the cost of the manufacture of each such license plate. The commissioner may charge fees, make payments, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only any part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner.

(f) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.

Last modified: April 25, 2006